AUTO CORUS AUTO COMPOUND Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL, AJMER; RENU; ORIENTAL INSURANCE COMPANY LTD THROUGH BRANCH MANAGER

JUDGEMENT

(1.) Aggrieved of the order dated 16th May, 2009 and 10th December, 2008, so also the ex-parte award dated 3rd September, 2007; the petitioner has instituted the present writ application praying for the following relief(s):

(2.) Briefly, the essential skeletal material facts are that two claim petitions were instituted arising out of the same Motor Accident before the Motor Accident Claims Tribunal, Ajmer, adjudicated upon by a common award dated 3rd September, 2007.

(3.) The petitioner non-claimant, in claim petition No.468/2005, instituted an application under Order 9 Rule 13 CPC on 30th April, 2008, with a prayer to set aside the exparte proceedings and award dated 3rd September, 2007. For none appeared on behalf of the petitioner; the application under Order 9 Rule 13 CPC, was again dismissed for want of prosecution on 10th December, 2008.